Hemphill v. State
Hemphill v. State
Opinion of the Court
This is an appeal from a denial of a Rule 3.850 motion which was disposed of without an evidentiary hearing. We affirm.
The defendant’s primary ground for relief lies in the claim that he was misad-
Hemphill’s second argument is that the guidelines scoresheet was improperly calculated by considering the offense of attempted first degree murder with a firearm as a life felony. While we agree that an improper guidelines calculation may be the subject of a 3.850 proceeding, State v. Chaplin, 490 So.2d 52 (Fla. 1986), the point raised here is substantively incorrect. § 775.087(l)(a), Fla.Stat. (1989); State v. Flemmings, 579 So.2d 780 (Fla. 3d 1991); Williams v. State, 360 So.2d 61 (Fla. 2d DCA 1978).
Affirmed.
. We need not decide whether even an incorrect guidelines determination makes any difference when, as here, there is a plea agreement to a specific sentence which would have justified an upward departure. See Smith v. State, 529 So.2d 1106 (Fla. 1988); Quarterman v. State, 527 So.2d 1380 (Fla. 1988).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.